Sonu @ Praveen Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15153 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- BARUN District- Aurangabad ====================================================== Sonu @ Praveen Kumar Yadav, son of Rabindra Nath Yadav, resident of Village Salempur Deolas, P.S.- Mohammadabad Gohna, District- Mau, (U.P) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Barun P.S. Case No. 22 of 2019 dated 03.02.2019 instituted for the offences under Sections 379, 411, 420, 34 of the Indian Penal Code, Section 4/40 of the Bihar Minor Miner Concession Rules, 1972 and Section 15 of the Environment Protection Act, 1986.

A truck loaded with sand was intercepted. It has been alleged in the F.I.R that the driver of the truck ran away for the fear of being arrested. The petitioner is driver of the aforesaid truck.

It has been submitted on behalf of the

Patna High Court CR. MISC. No.15153 of 2019(2) dt.13-03-2019 2/3 petitioner that the sand was loaded on the truck after obtaining a valid Challan, which fact was communicated by the driver to the Police Party which had intercepted the truck. However, since the owner of the vehicle had not given the copy of the Challan to the petitioner, he took some time from the Police Party to obtain/bring the aforesaid Challan. Before the Challan could be produced before the Police Party, the subject F.I.R has been lodged.

It has further been submitted that the owner of the truck has been granted anticipatory bail by a coordinate Bench of this Court on the sole ground of the sand having been loaded on the truck against a valid Challan.

Regard being had to the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.15153 of 2019(2) dt.13-03-2019 3/3 satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 22 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T